High Court May Defend Gov't Contractors Against FOIA

Law360 (March 29, 2019, 3:53 PM EDT) -- The U.S. Supreme Court will hear argument on April 22, 2019, in Food Marketing Institute v. Argus Leader Media,[1] a case that could significantly alter the landscape for government contractors whose commercial and proprietary information may be subject to public release under the Freedom of Information Act.[2]

The case began in 2011 when a news reporter requested that the U.S. Department of Agriculture release aggregate annual dollar amounts paid at the store level for Supplemental Nutrition Assistance Program benefits.[3] FOIA Exemption 4, which is the FOIA exemption at issue in the case and which has not previously been interpreted by the...

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